Author: Rajaram Bartaula
Our mixed electoral system as envisaged by the constitution for an inclusive and participatory representation has just completed an election for all three tires of governments and its inherent lapses and weakness are visible within some years of its existence. There have been voices heard demanding for its review and reformation from the political mass itself along with the political analyst and observers since the representatives representing from the proportional representation system complaining of differential behavior from the representatives, who are elected under the first-past-the-post system. A psychological divide between the representatives is apparent among the representatives themselves, and those who are elected under the proportional system are regarded as handpicked ones.
Given the composition of the House of Representatives of the Federal Parliament and Provincial Assembly which consist forty percent of its total members who are to be elected under the proportional representation system is viewed as more weightage given to the proportional system than the direct election. According to the constitutional provision, it is also mandatory that one-third of its members be represented by women candidates. The first general elections held after the promulgation of the constitution, only six women contestants were successful to win the elections under the first-past-the-post system, which means the political parties were bound to nominate women candidates to fulfill the seats as mandated by the constitution under the proportional representation.
The drafters of the constitution might have thought, in a broader light, to eliminate the social injustice the country has been facing for centuries and guarantee social justice through inclusion and equality making governance a participatory one by incorporating a mix electoral system with forty percent weightage to the proportional representation. The act of accepting and incorporating the principle of inclusion, equality and equity in its constitution by the state should be acclaimed as it is a magnanimous task for recognizing the social injustice imposed over the marginalized, downtrodden, socially discriminated and women for centuries and trying to correct the wrongs of the past mistakes.
However the measures should have been taken prudently in consideration of the several socio-economic and other complementary factors, more concentration was given to the electoral system as a panacea for all ills. The effects of its practical problems started seeing in the political parties during the first general election while arranging seats according to the obligatory provision of the constitution as they were bound to arrange forty percent of the seats under the proportional representation along with one third to women itself. While filing the nominations, the political parties opted to choose more man candidates to contest elections under the first-past-the-post, while leaving required number of women candidates in a list to be elected under proportional representation. While doing this some major factors played roles as such the competency to contest, popularity of the candidates, possibility of electoral victory, and most importantly, the financial capacity of the candidates to support the party and his/her campaign finance.
Campaign finance is one of the delicate matters of the political parties while contesting elections for their electoral victory. However the election management body puts lawful limitation of campaign expenditure by any political party and electoral candidate, for the party and candidate, the restrictions are bound to exceed disproportionately given the capacity of the candidate and tempo of the election campaign moves on. During the election, the political parties are desperate for financial support for their political activities, agenda and election campaign finance of the party and their candidates. A horse-trading hatches, however covertly, between the potential candidates, aspirants of party ticket and party for the donations, which opens the door for some mighty wealthy to grasp the coveted parliamentary seat under the proportional representation. Whatever may be the popularity at the grass-root level and party, her financial strength determines her position whether to nominate and distribute her party ticket filing nomination to contest the election or reserve her seat under proportional representation.
Such a practice has killed the spirit of the representation and trampled the genuine objectives of the constitution thereby opening door for the novel rich, wealthy tycoons, contractors, bankers to obtain the most coveted position through the use of monetary strength. Sheer intent of those wealthy are to cash in their favor while formulating policies by the state and legislating some provision that may go against their interest. Similarly, most of the potential candidates who could support the party financially or use the family nexus, and kith and keen network may secure their position by listing their names at the higher up in the list. Those whose names are listed but at the bottom of the list are sure of not securing the position as the party may not be able to obtain an overwhelming number of popular votes. This would discourage the candidates to follow the campaign trail wholeheartedly and to some extent may remain indifferent without actively participating in the election campaign.
With the experience gained, and for the practical reason, the existing proportional representation system having some practical and principle problem that goes against the spirit of the constitution and representation by popular votes, demands its review with prudent measures including the downsizing the number of the proportionate representation in the House of Representatives and increasing the number of proportional representation in the National Assembly. Practically speaking, the National Assembly is the House designed for the representation of the Aristocrats, Technocrats, Bureaucrats, Artists, Writers, Disabled, Voiceless, Marginalised, Minority and Gender. By increasing the number of seats in the National Assembly to be filled through proportional representation would fulfill the objectives of proportional representation.
Foremost important is to reconsider the number and size of the proportional representation in the House of Representatives. The House of Representatives should have been the House of elected representatives with a nominal number from proportional representation. The present system spoils the essence of representation, which looks like a system of selection, which is entirely dependent on the party boss. The nominal margin of sixty/forty allocation of representation seats in the House of Representatives is also confusing for the voters, whether they are voting for the party or candidates they prefer.